Q: Can employers offer unpaid leave to their employees during the period of the Movement Restriction Order (“Order”)?

It is no surprise that intangible assets such as intellectual property are becoming increasingly important as any other forms of tangible assets, i.e., lands and machinery, to the contemporary business concern. In view of the importance of the intellectual property, Trademarks Act 2019 (“TMA 2019”) that came into force on 27 December 2019 now recognises trademark as a form of security interest and regard it as an object of personal or movable property such as stocks and cars regardless of whether it is registered or pending.

On 16 March 2020, the Government of Malaysia announced the Movement Control Order nationwide for the period between 18 March and 31 March 2020. The Government, however, made provisions for the continuity of operations for organisations offering 'essential services'.

The recent novel coronavirus outbreak (officially named “COVID-19”) has affected millions across the globe, with the Director-General of the World Health Organization (“WHO”) calling the outbreak “unprecedented” and declaring a global public-health emergency last month. In fact, the Prime Minister of Malaysia had imposed a Movement Restriction Order in Malaysia on 16 March 2020 between the period of 18 March 2020 to 31 March 2020.

The highly anticipated Trademarks Act 2019 (“TMA 2019”) came into force on 27 December 2019, and with that, trademark owners will be pleased to know that among the salient features under TMA 2019, there is a widened scope for trademark infringement. This widened scope is applicable to infringement of existing registered marks committed after the commencement of TMA 2019.

The protection of trade marks in Malaysia has been given a revamp with the coming into force of the new Trademarks Act 2019 (“TMA 2019”). A significant area of interest among brand owners and businesses is the widening scope of what constitutes a trade mark capable of being registered under TMA 2019. In short, TMA 2019 now allows for the registration and subsequent protection of a non-traditional trade mark.